The following terms (“AI Program Terms”) supplement the agreement in place between the parties that governs access and use to Miro services (the “Agreement”) and apply to and govern your participation in the Miro Assist beta program that provides AI-enabled features and functionality to program participants (“AI Program”). All defined terms in these AI Program Terms shall have the same meaning as in the Agreement.
At its sole discretion, Miro may modify or replace any of the AI Program Terms or change, suspend, or discontinue the AI Program (including without limitation, the availability of any feature) at any time by posting a notice on the Miro websites or Service or by sending you an email. Miro may also impose limits on certain features and services or restrict your access to parts or all of the AI Program without notice or liability. It is your responsibility to check the AI Program Terms periodically for changes. Your continued use of the AI Program following the posting of any changes to the AI Program Terms constitutes acceptance of those changes. You acknowledge that continued access and use of the Miro Assist Program, or certain features therein, may be subject to your agreement to pay additional fees. Use of Miro Assist and/or your participation in the AI Program is optional.
You may provide input to be processed by Miro Assist (“Input”), and receive output generated and returned by the Miro Assist based on the Input (“Output”). Input and Output are your data or Customer Content, as applicable. You will ensure that your Input and use of the Miro Assist will not violate any laws applicable to your use of the service. You are solely responsible for the development, content, operation, maintenance, and use of your data and Customer Content.
You agree that, as between you and us, we retain ownership of all legal rights, title and interest in and to the AI Program and Miro Assist, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Miro Assist is granted.
You may not use Miro Assist (i) to develop foundation models or other large scale models that compete with Miro Assist; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam, content for dissemination in electoral campaigns, or (iv) to use our services in a manner outside the scope of your license in the Agreement. You acknowledge that due to the nature of machine learning and the technology powering Miro Assist, Output may not be unique and our services may generate the same or similar output to Miro or a third party.
Miro uses technology provided by Microsoft Azure OpenAI (‘Azure AI’) to provide the features and functionality. You must not use Azure AI in a manner that violates its Code of Conduct, including the Acceptable Use Policy referenced therein. Miro uses technology provided by a third party to provide the sticky note clustering feature which requires we provide a copy of the following license here. Miro uses technology provided by a third party to provide the image generation functionality which requires that you agree not to use it in a manner that violates the use restrictions in the Appendix found here. Miro uses technology provided by a third party to provide the background removal functionality. You agree that such functionality is provided under the license found here, and that THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE
Artificial intelligence and machine learning models can improve over time to better address specific use cases. We do not and will not permit third parties to use your data or Customer Content to improve or train their AI models. We do not and will not use your data or Customer Content to improve or train our models without your permission to do so.
To the extent your Input contains Customer Personal Data (as that term is used or similarly defined in the Data Processing Addendum in place between the parties), you instruct Miro to process the Customer Personal Data for the additional purpose of providing the Miro Assist functionality and Output.
You acknowledge that for the purposes of your participation in the Miro Assist Program and your use of Miro Assist, Miro uses Microsoft Corporation to provide the Miro Assist functionality.